Showing posts with label US Department of Justice (DOJ). Show all posts
Showing posts with label US Department of Justice (DOJ). Show all posts

Monday, September 30, 2013

CrossTalk: Justice Deficit - War Crimes and the Culture of Sovereign Immunity in the US

CrossTalk: Justice Deficit


RT RT


 

Published on Sep 30, 2013
 
United States Department of Justice requested that George W. Bush, Richard Cheney, Donald Rumsfeld, Colin Powell, Condoleezza Rice and Paul Wolfowitz be granted procedural immunity in a case alleging that they planned and waged the Iraq War in violation of international law. Does this imply they did breach the law? Why does Obama want to shield the ex-President from prosecution? And why aren't Bush & Co. held accountable for the Iraq disaster?

 CrossTalking with Inder Comar and Ed Krayewski.

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Why an Iraqi Single Mom Is Suing George W. Bush for War Crimes

Why an Iraqi single mom and a tech lawyer think they can prove the Iraq War was a “crime of aggression” under U.S. law.

Inder Comar and Sundus Shaker Saleh.
Sundus Shaker Saleh, pictured at right, with her lawyer, Inder Comar. Photo by Global Exchange.
George W. Bush keeps a low profile these days, making the rounds on the public speaking circuit, engaging in a bit of philanthropy here and there, occasionally sharing his dog paintings or offering an unsolicited opinion on the immigration debate or national security.
The case was filed on March 13, 2013, and the defendants have all been served notice to appear.
Given his role in the current media landscape, it may be easy to forget that just 10 years ago he led an invasion of a foreign country that many in the international community saw as criminal.
Sundus Shaker Saleh, an Iraqi single mother of three, has not forgotten. The violence and chaos that engulfed Iraq following the U.S.-led invasion of 2003 had tragic consequences for her family and ultimately forced her to flee her homeland for an uncertain future. She has left Iraq, but she is determined to make sure the world hears her story and that someone is held accountable.
Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law.
The case is being brought to trial by Inder Comar of Comar Law, a firm based in San Francisco. The majority of cases Comar takes involve providing legal support to private companies, primarily for the tech industry. He is measured and deliberate, perhaps not the long haired, vaguely out-of-touch wearer of hemp suits some might picture when imagining a human rights lawyer pushing for prosecution of U.S. government officials.
This summer, Saleh met with Comar at her home in Amman, Jordan, to discuss the upcoming trial.
Saleh related her story through a translator to Comar, who had traveled halfway around the world to hear her story firsthand. Saleh was a gracious host, according to Comar, pointing out the paintings she'd crafted and beaming over her children. She was warm, open, and quick to laugh. Her story, however, was rife with darkness.
Prior to the arrival of U.S. forces, Saleh said, Iraq was safe. People slept with their doors open at night. There were no militias, no checkpoints, no threats. All of that came to a halt following the U.S.-led invasion. Airstrikes damaged or destroyed vital infrastructure including highways, bridges, and wastewater treatment facilities. Diseases like typhus became commonplace. The swift collapse of a functioning government created an environment ripe for internecine warfare. Saleh’s twin brothers were both shot by militia members, and she no longer felt safe in her own home. So in 2005, Saleh fled Iraq. She was not alone. According to the United Nations High Commissioner for Refugees, over 2 million people left the country, and over 2.7 million were internally displaced, including up to 40 percent of the Iraqi middle class.
To seek legal redress, Comar Law is invoking the Alien Tort Statute, a law passed in 1789 that permits a non-U.S. national the ability to sue in federal court for injuries “committed in violation of the law of nations or a treaty of the United States.” The case was filed on March 13, 2013, with the U.S. District Court in Northern Calif., and the defendants have all been served notice to appear. Just like any other legal proceeding, there will be a great deal of back and forth before the hearing, which is scheduled to take place sometime in early 2014.

A tough case to make

Paul Stephan teaches law at the University of Virginia and has served as a consultant to the Department of State on matters of international law. In his opinion, Comar's lawsuit against Bush administration officials is unlikely to succeed.
Many judges would view the ramifications of the invasion of Iraq not as a matter of law, but of politics.
For one, Stephan says, it’s difficult to sue a U.S. employee acting under the “scope of employment.” The Westfall Act of 1988 permits the United States as an entity to substitute itself in for individuals who were acting in their "scope of employment" for the case at issue.
The Westfall Act was enacted by Congress to supersede the Supreme Court's decision in Westfall v. Erwin, a case involving a government employee, William Erwin, who was burned by exposure to toxic soda ash at an Army depot and then sued the depot supervisors. The Court’s ruling slightly modified the interpretation of law to open up government employees to greater legal liability for their actions. Congress immediately responded with the Westfall Act, which granted "absolute immunity" to government employees for any actions taken within the scope of their employment.
Precedent suggests that Stephan may be right. The district court of the District of Columbia dismissed a case by the ACLU of Northern California against Defense Secretary Donald Rumsfeld and nine other senior military leaders in 2007 on the grounds that these employees were acting within the scope of their employment and were therefore immune from liability under the Westfall Act.
The suit, Ali v. Rumsfeld, was brought on behalf of nine men subjected to torture and abuse under Rumsfeld's command, with the ACLU arguing that the Constitution and international law prohibit torture and require commanding officers to report violations of the law. The ACLU further claimed that direct orders from Rumsfeld, as well as reports from detention facilities in Iraq and Afghanistan, proved that Rumsfeld and the nine other defendants were well aware of and condoned the ongoing torture.
The second issue that Stephan points out is that the crimes in question didn’t take place in the United States. That makes it unlikely the courts will recognize the validity of the claim.
Thirdly, there’s the “political question.” Courts aren’t open to ruling on matters of a political nature, Stephan says. This doctrine of U.S. Constitutional law has its roots in the case of Marbury v. Madison, in which Supreme Court Chief Justice John Marshall drew a dividing line between matters over which the courts would have jurisdiction and matters best left to the legislative and executive branches of government. Many judges would view the ramifications of the invasion of Iraq not as a matter of law, but of politics.
“If the expectation is that a federal court will declare that the invasion, although duly authorized by Congress, violated international law and thus violates U.S. law, I would respond that we walked up and down that hill with respect to Vietnam,” Stephan said. “No federal court ever has recognized such a claim.”

Taking a deeper look

But Comar is optimistic that these hurdles can be overcome. The issue of whether or not Bush, Cheney, and the others will be found to have acted in an official capacity isn’t open and shut.
"Ms. Saleh alleges that these defendants entered into government in order to execute a pre-existing plan to overthrow the Hussein regime."
According to Comar, part of the planning for the invasion happened within the United States, before these officials took office. Multiple letters and position papers emanating from the nonprofit think tank Project for a New American Century, or PNAC, indicate a long-term interest in regime change in Iraq. An open letter written in 1998 to then-president Clinton signed by Wolfowitz and Rumsfeld called for the removal of Saddam Hussein using military power. PNAC was also responsible for drafting and guiding the passage of the Iraqi Liberation Act in 1998, which authorized military support for opposition to Saddam Hussein.
Then, in 2000, Wolfowitz was a signatory to the 90-page report issued by PNAC titled “Rebuilding America's Defenses: Strategies, Forces, and Resources For a New Century,” which calls for, among other things, global domination through force of arms. The document tellingly hints at the larger geopolitical justification for war with Iraq, stating that "while the unresolved conflict in Iraq provides the immediate justification [for U.S. military presence], the need for a substantial American force presence in the [Persian] Gulf transcends the issue of the regime of Saddam Hussein."
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Those documents suggest that, in order to show that these officials were acting in capacity as government employees, the United States needs to prove that the sum of their actions took place entirely within office. Since the officials participated in these actions before they took office, Comar claims, they clearly cannot have been acting in their scope of employment.
Then there's the political question, which Comar concedes is an often-nebulous doctrine with no clear limits. But that doesn’t mean that the crime of aggression necessarily qualifies as a political question.
Though low-ranking soldiers were prosecuted for torture in Iraq, none of the policy architects were ever held accountable.
“The legality of a war under international law was exactly the type of legal question that the Nuremberg court adjudicated,” Comar says. “We believe that aggression as a tort is actionable under the Alien Tort Statute. It is not a generic international law claim but a bedrock norm of international behavior in the same manner as slavery, genocide or torture, which are all claims that can be made under the Alien Tort Statute.”
Comar is confident that the courts will hear the case but is clear-headed about the prospects for conviction. He says that failure to achieve a multimillion-dollar settlement would not mean failure overall. A trial requires the gathering of evidence and provides a record for posterity.
Furthermore, Comar says, the judiciary is likely the last place people like Sundus Shaker Saleh can turn. It is highly unlikely that any president would ever investigate a past administration in the way sought by the suit, since the executive isn't keen to open the gates for further scrutiny into its actions. Indeed, the Obama administration has expanded many Bush programs, including the use of drone strikes and domestic surveillance.
Since neither the legislative nor the executive branch have attempted to investigate whether the Bush Administration officials are guilty of war crimes, the last remaining branch through which to seek redress is the judiciary. Pursuing the issue here, Comar believes, will force the issue back into the public sphere.
“Our law recognizes that the actions of every person in this country—even a president—is subject to judicial review before an impartial judge," Comar says. He continues:
This is a concept that extends back to the Magna Carta, when English barons put restraints on their king in order to protect their rights and privileges. In this case, Ms. Saleh alleges that these defendants entered into government in order to execute a pre-existing plan to overthrow the Hussein regime—a plan that has now led to the deaths of hundreds of thousands of Iraqis and U.S. servicemen and women, untold misery for millions, and chaos that continues to plague that country to the present day. This is the very behavior that was outlawed and declared criminal by the Nuremberg Tribunal.
It is unusual in the United States for high government officials to face legal consequences for their actions. Though low-ranking soldiers were prosecuted for torture in Iraq, none of the policy architects were ever held accountable.
Regardless of the resolution of Saleh v. Bush, the case sets an important precedent toward rebuilding a system of laws that apply equally to everyone, even if their alleged crimes were committed in the Oval Office.

Corey Hill wrote this article for YES! Magazine, a national, nonprofit media organization that fuses powerful ideas and practical actions. He is the membership and outreach coordinator at Global Exchange. Follow Corey on Twitter at @Newschill.


YES! Magazine. This work is licensed under a Creative Commons License


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Justice Department began it's voter ID law challenge with Texas and has now commenced it's lawsuit against North Carolina, with promises of more to come.

POLITICO

Justice Department to challenge North Carolina voter ID law


Eric Holder is pictured. | AP Photo
The justices’ 5-4 ruling outraged civil rights advocates. | AP Photo

The Justice Department will file suit against North Carolina on Monday, charging that the Tar Heel State’s new law requiring voters to show photo identification at the polls violates the Voting Rights Act by discriminating against African Americans, according to a person familiar with the planned litigation.
Attorney General Eric Holder is expected to announce the lawsuit at 11 a.m. Monday at Justice Department headquarters, flanked by the three U.S. Attorneys from North Carolina.
The suit, set to be filed in Greensboro, N.C., will ask that the state be barred from enforcing the new voter ID law, the source said. However, the case will also go further, demanding that the entire state of North Carolina be placed under a requirement to have all changes to voting laws, procedures and polling places “precleared” by either the Justice Department or a federal court, the source added.
Until this year, 40 North Carolina counties were under such a requirement. However, in June, the Supreme Court declared unconstitutional the formula Congress used to subject parts or all of 15 states to preclearance in recent decades.
The justices’ 5-4 ruling outraged civil rights advocates, but did not disturb a rarely-used “bail in” provision in the law that allows judges to put states or localities under the preclearance requirement. Civil rights groups and the Justice Department have since seized on that provision to try to recreate part of the regime that existed prior to the Supreme Court decision.
North Carolina Gov. Pat McCrory (R) signed the voter ID measure into law last last month.

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MSNBC


The battle for voting rights is just the beginning, says Holder


US Attorney General Eric Holder arrives to address the Congressional Black Caucus Annual Legislative Conference during a public policy forum on voting rights in Washington on September 20, 2013. (Photo by Nicholas Kamm/AFP/Getty)

This story has been updated and a correction appended. 

Attorney General Eric Holder said Friday that the Justice Department will continue its efforts to protect voting rights in the wake of the Supreme Court’s decision which gutted the Voting Rights Act earlier this summer.
During remarks to the Congressional Black Caucus, Holder explained that the lawsuits filed to stop Texas’s discriminatory redistricting and voter ID laws are “just the beginning.”
“Thanks to the hard work of our Civil Rights Division, we are continuing to refine and re-focus current enforcement efforts across the country,” he said. “And while the suits we’ve filed in Texas mark the first voting rights enforcement actions the Justice Department has taken since the Supreme Court ruling, they will not be the last.”
So far, the Justice Department has filed lawsuits to block redistricting and voter ID laws in Texas, along with pushing to see the state returned to preclearance under a different provision of the Voting Rights Act that remains intact after the Supreme Court ruling.
Earlier this week, the NAACP and Mexican American Legislative Caucus filed a lawsuit joining the DOJ in its attempt to block the voter ID law.
Texas Attorney General Greg Abbott called the Justice Department’s efforts a “scheme” to win Texas for Democrats.



Read More Here


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Southern States Are Moving to Tighten Voting Rules






Emboldened by the Supreme Court decision that struck down the heart of the Voting Rights Act, a growing number of Republican-led states are moving aggressively to tighten voting rules. Lawsuits by the Obama administration and voting rights activists say those efforts disproportionately affect minorities.
At least five Southern states, no longer required to ask Washington's permission before changing election procedures, are adopting strict voter identification laws or toughening existing requirements.
Texas officials are battling the U.S. Justice Department to put in place a voter ID law that a federal court has ruled was discriminatory. In North Carolina, the GOP-controlled Legislature scaled back early voting and ended a pre-registration program for high school students nearing voting age.
Nowhere is the debate more heated than in Florida, where the chaotic recount in the disputed 2000 presidential race took place.
Florida election officials are set to resume an effort to remove noncitizens from the state's voting rolls. A purge last year ended in embarrassment after hundreds of American citizens, most of whom were black or Hispanic, were asked to prove their citizenship or risk losing their right to vote.
Republican leaders across the South say the new measures are needed to prevent voter fraud, even though such crimes are rare. Democrats and civil rights groups say the changes are political attacks aimed at minorities and students — voting groups that tend to lean toward Democrats — in states with legacies of poll taxes and literacy tests.
In North Carolina, for example, a state board of elections survey found that more than 600,000 registered voters did not have a state-issued ID, a requirement to vote under the state's new law. Many of those voters are young, black, poor or elderly.
"We're in the middle of the biggest wave of voter suppression since the Voting Rights Act was enacted," said Katherine Culliton-González, director of voter protection for the Advancement Project, a Washington-based civil rights group that has undertaken legal challenges in several states.
For five decades, states and localities with a history of discrimination had to submit all election laws, from new congressional district maps to precinct locations and voting hours, to federal lawyers for approval. That practice ended in June when the Supreme Court struck down the provision in the Voting Rights Act as outdated.
Voting rights groups said recent actions by Southern states highlight the need for Congress to retool the rejected sections of the landmark 1965 law that were credited with ensuring ballot access to millions of blacks, American Indians and other minorities.
The administration is using the remaining parts of the law to bring court cases.





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Tuesday, August 13, 2013

Eric Holder FULL SPEECH Outlining New Justice Department Drug Sentencing Reforms

Les Grossman


Published on Aug 12, 2013
AG Holder Address the ABA on Prison Sentences
Attorney General Eric Holder addresses the American Bar Association's annual meeting in San Francisco where he is expected to discuss drug offenses and prison sentencing. Founded in 1878, the national association of lawyers includes 410,000 members.
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This  coming  from  an Administration  that  raids and  prosecutes LEGAL Marijuana  Dispensaries  in States  where  Marijuana  has  been  LEGALIZED! 

While  totally  at  peace  with the  concept of   gun  running  to drug dealers via the DEA.

How   hypocritical  can  you  get ?

~Desert Rose~
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Holder seeks to avert mandatory minimum sentences for some low-level drug offenders

Attorney General Eric H. Holder Jr. announced Monday that low-level, nonviolent drug offenders with no ties to gangs or large-scale drug organizations will no longer be charged with offenses that impose severe mandatory sentences.The new Justice Department policy is part of a comprehensive prison reform package that Holder unveiled in a speech to the American Bar Association in San Francisco. He also introduced a policy to reduce sentences for elderly, nonviolent inmates and find alternatives to prison for nonviolent criminals.
Graphic
Drug offenses account for 17%, or nearly one in five, of those in state prisons, according to national incarceration data.
Click Here to View Full Graphic Story
Drug offenses account for 17%, or nearly one in five, of those in state prisons, according to national incarceration data.

Justice Department lawyers have worked for months on the proposals, which Holder wants to make the cornerstone of the rest of his tenure.
“We must face the reality that, as it stands, our system is, in too many ways, broken,” Holder said. “And with an outsized, unnecessarily large prison population, we need to ensure that incarceration is used to punish, to deter and to rehabilitate — not merely to warehouse and to forget.”
“A vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities,” Holder said Monday. (Excerpts of his ­prepared remarks were provided Sunday to The Washington Post.) He added that “many aspects of our criminal justice system may actually exacerbate these problems rather than alleviate them.”
It is clear that “too many Americans go to too many prisons for far too long and for no truly good law enforcement reason,” Holder said. “We cannot simply prosecute or incarcerate our way to becoming a safer nation,” he added later in the speech.
Holder is calling for a change in Justice Department policies to reserve the most severe penalties for drug offenses for serious, high-level or violent drug traffickers. He has directed his 94 U.S. attorneys across the country to develop specific, locally tailored guidelines for determining when federal charges should be filed and when they should not.


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Holder’s move on mandatory minimums a boon to Rand Paul


Monday’s announcement that Attorney General Eric Holder will seek to get rid of mandatory minimum sentences for some low-level drug offenders could soon create some interesting bedfellows.
Sen. Rand Paul (R-Ky.) gestures as he speaks at a forum on immigration organized by the Latino Partnership for Conservative Principles and the National Hispanic Christian Leadership Conference, Wednesday, June 12, 2013, at the Hyatt Regency Hotel in Washington, D.C. (Jacquelyn Martin/Associated Press)
Reforming mandatory minimums is an issue that Sen. Rand Paul (R-Ky.) has been pushing (no pun intended) for a while now — including during an appearance at historically black Howard University earlier this year.
A Paul staffer said the potential 2016 presidential candidate, who has already proposed a bill giving judges more leeway in sentencing drug offenders below the mandatory minimums, will work with the Obama administration on the issue.
“This is already a bipartisan issue, led in the Senate by Sens. Paul, [Patrick] Leahy, [Mike] Lee and [Richard] Durbin,” said the staffer, granted anonymity to discuss strategy. “Senator Paul believes strongly in this issue and that we must find a solution. He is pleased to work with all who agree and want to push forward.”
The aide also said that there has been contact between Paul and the administration.
Update 1:17 p.m.: Paul has released the following statement: “I look forward to working with them to advance my bipartisan legislation, the Justice Safety Valve Act, to permanently restore justice and preserve judicial discretion in federal cases. … The Administration’s involvement in this bipartisan issue is a welcome development. Now the hard work begins to change the law to permanently address this injustice.”


Read More Here


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